Constitutional Morality and Its Role in Modern Law

Recent years have seen renewed interest in the concept of constitutional morality. Courts and scholars increasingly focus on how moral principles underpin constitutional governance. This has important implications for the rule of law, judicial review, and democratic functioning.

Historical Context of Morality and Law

Morality and law were once indistinguishable. Ancient legal systems like dharma combined ethical and legal duties. Over time, law and morality diverged but remained connected. The Hart-Devlin debate in the 1960s brought into light tensions between enforcing morality through law and protecting individual freedoms. Landmark cases such as Shaw vs DPP (1962) affirmed the state’s role in safeguarding moral welfare alongside order and safety.

Concept of Constitutional Morality

Constitutional morality refers to adherence to constitutional principles beyond mere legal provisions. It demands respect for democratic values, fundamental rights, and rule of law. The term was popularised by historian George Grote in the 19th century to describe Greeks’ commitment to their constitution. Dr B.R. Ambedkar emphasised its importance in India, warning that constitutional morality must be cultivated, not assumed.

Distinction Between Law and Constitutional Morality

Professor A.V. Dicey distinguished constitutional law as enforceable rules and constitutional morality as conventions or practices not legally enforceable but politically binding. Breaching constitutional morality may not always lead to court action but can cause political fallout. Courts have acknowledged this in cases like S.P. Gupta and the Sabarimala judgment, where constitutional morality was linked to public morality and constitutional propriety.

Judicial Interpretations in India

Indian courts have expanded the meaning of constitutional morality to include liberal values, consensual governance, and respect for the rule of law. In Manoj Narula vs Union of India, the Supreme Court linked constitutional morality to ethical conduct expected from political leaders. In State (NCT of Delhi) vs Union of India, it emphasised cooperation between state bodies. The Puttaswamy case reinforced that constitutional morality prohibits arbitrary government action and mandates compliance with court orders.

Implications for Governance and Society

Constitutional morality guides behaviour of lawmakers, judges, and officials. It ensures laws reflect fundamental ethical imperatives, not just majoritarian views. Breaches may invite political accountability or electoral consequences even if not legally punishable. Cultivating constitutional morality is vital for a vibrant democracy, inclusion, minority protection, and equality in diverse societies.

Challenges and Future Directions

The challenge lies in nurturing constitutional morality among citizens and institutions. It requires education, public discourse, and political will. Constitutional morality transforms constitutional text into living justice. Without it, democracy risks becoming symbolic rather than substantive. India’s future depends on embracing this ethos to sustain democratic governance and social harmony.

Questions for UPSC:

1. Critically discuss the relationship between law and morality in the context of constitutional governance.
2. Examine the role of constitutional morality in safeguarding democratic values and rule of law in India.
3. Analyse the significance of constitutional conventions and their enforceability in the Indian legal system, and point out their impact on political accountability.
4. Estimate the challenges in cultivating constitutional morality in a diverse society and discuss its implications for the future of Indian democracy.

Answer Hints:

1. Critically discuss the relationship between law and morality in the context of constitutional governance.

1. Historically, law and morality were intertwined (e.g., dharma in ancient systems), but modern law distinguishes enforceable rules from moral principles.
2. The Hart-Devlin debate brought into light tensions between enforcing morality through law and protecting individual freedoms.
3. Law can lead morality (e.g., abolition of untouchability) or follow it (e.g., gender equality recognition).
4. Law embodies moral principles but must avoid majoritarian or transient popular sentiments to remain just.
5. Constitutional governance requires laws to reflect fundamental ethical imperatives aligned with constitutional morality.
6. Courts recognize morality in law but maintain a distinction between legal enforceability and moral conventions.

2. Examine the role of constitutional morality in safeguarding democratic values and rule of law in India.

1. Constitutional morality demands adherence to constitutional principles beyond written law, encouraging respect for democracy and fundamental rights.
2. It promotes rule of law by prohibiting arbitrary government actions and enforcing compliance with court orders (e.g., Puttaswamy case).
3. It encourages liberal values, consensual decision-making, and cooperation among constitutional organs (State vs Union of India case).
4. Constitutional morality guides ethical conduct of lawmakers and officials, ensuring governance aligns with constitutional ethos.
5. It acts as a living ethos transforming constitutional guarantees into tangible justice, inclusion, and equality.
6. Courts invoke constitutional morality to interpret ambiguous constitutional provisions and uphold democratic values.

3. Analyse the significance of constitutional conventions and their enforceability in the Indian legal system, and point out their impact on political accountability.

1. Constitutional conventions are unwritten rules guiding conduct of constitutional functionaries but are not legally enforceable by courts (Dicey’s distinction).
2. Violation of conventions breaches constitutional morality, leading to political consequences rather than judicial penalties.
3. Examples include expectations on political appointments and respect for institutional processes (Manoj Narula case).
4. Conventions maintain democratic stability by encouraging mutual respect and restraint among state organs.
5. Political accountability arises through public opinion, parliamentary scrutiny, and electoral consequences rather than legal action.
6. Courts acknowledge conventions’ significance but limit themselves to legal enforceability, leaving political remedies to democratic institutions.

4. Estimate the challenges in cultivating constitutional morality in a diverse society and discuss its implications for the future of Indian democracy.

1. Constitutional morality is not innate; it must be consciously cultivated through education, political will, and public discourse (Ambedkar’s view).
2. Diversity in religion, language, culture, and social norms complicates consensus on constitutional values and ethics.
3. Majoritarian pressures and populism risk undermining constitutional morality by prioritizing transient or sectarian interests.
4. Lack of awareness among citizens and officials about constitutional propriety weakens democratic governance and rule of law.
5. Failure to nurture constitutional morality risks democracy becoming symbolic, with erosion of minority rights and social harmony.
6. Its cultivation is vital for sustaining inclusive, equitable, and vibrant democracy in India’s pluralistic context.